Regulations of the People's Republic of China on Funeral Management
Article 1
These Regulations are formulated for the purpose of strengthening funeral management, promoting funeral reform and promoting the construction of socialist spiritual civilization.
article 2
the policy of funeral management is: actively and step by step implement cremation, reform burial, save funeral land, get rid of funeral customs, and advocate civilized and thrifty funeral management.
Article 3
The civil affairs department of the State Council is responsible for funeral management throughout the country. The civil affairs departments of local people's governments at or above the county level shall be responsible for the funeral management within their respective administrative areas.
Article 4
Cremation shall be carried out in areas with dense population, less arable land and convenient transportation; Burial is allowed in areas that do not have the conditions for cremation.
areas where cremation and burial are allowed shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the civil affairs departments of the people's governments at the corresponding levels shall report to the civil affairs departments of the State Council for the record.
article 5
in areas where cremation is practiced, the state advocates the disposal of ashes by depositing them and other ways that do not occupy or occupy less land. The people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts shall formulate specific plans for cremation, and incorporate the new construction and renovation of funeral parlours, crematoriums and columbariums into urban and rural construction plans and capital construction plans.
in areas where burial is allowed, the people's governments at the county level and the people's governments of cities and autonomous prefectures divided into districts should incorporate cemetery construction into urban and rural construction plans.
Article 6
Respect the funeral customs of ethnic minorities; Voluntary reform of funeral customs, others shall not interfere.
article 7
the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government shall, according to the funeral work planning and funeral needs in their respective administrative areas, put forward the number and layout planning of funeral facilities such as funeral parlours, crematoriums, columbariums, cemeteries and funeral service stations, and submit them to the people's governments at the corresponding levels for examination and approval.
Article 8
For the construction of funeral parlours and crematoria, the people's governments at the county level and the civil affairs departments of the people's governments of cities, autonomous regions and municipalities directly under the Central Government shall put forward plans and submit them to the people's governments at the corresponding levels for examination and approval; The construction of funeral service stations and columbariums shall be examined and approved by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts; The construction of cemeteries shall be submitted to the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for examination and approval after being examined and approved by the people's governments at the county level and the civil affairs departments of the people's governments of cities and autonomous prefectures divided into districts.
the establishment of public welfare cemeteries for villagers in rural areas shall be reported to the civil affairs department of the people's government at the county level for examination and approval after being examined and approved by the people's government at the township level.
Article 9
No unit or individual may build funeral facilities without approval.
Public welfare cemeteries in rural areas may not provide graves for people other than villagers.
it is forbidden to establish or restore clan cemeteries.
Article 1
It is forbidden to build graves in the following areas:
(1) Cultivated land and forest land;
(2) urban parks, scenic spots and cultural relics protection areas;
(3) near reservoirs and river dams and water source protection areas;
(4) on both sides of the trunk lines of railways and highways.
the existing graves in the area specified in the preceding paragraph shall be moved or buried within a time limit without leaving graves, except for those cemeteries with historical, artistic and scientific value protected by the state.
Article 11
The area and service life of cemeteries and graves shall be strictly limited. Where burial or burial of ashes is allowed according to the plan, the area and service life of the grave where the remains are buried or the ashes are buried shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in accordance with the principle of saving land and not occupying cultivated land.
Article 12 A funeral service unit shall strengthen the management of funeral service facilities, update and transform obsolete cremation equipment, and prevent environmental pollution.
Funeral service personnel should abide by the operating rules and professional ethics, implement standardized and civilized services, and may not take advantage of their work to ask for property.
Article 13
The disposal of remains must comply with the following provisions:
(1) The transport of remains must undergo necessary technical treatment to ensure hygiene and prevent environmental pollution;
(2) The cremated remains must be supported by the death certificate issued by the public security organ or the medical institution specified by the health administrative department of the State Council.
Article 14
Funeral activities shall not disturb public order, endanger public safety or infringe upon the legitimate rights and interests of others.
Article 15
In areas where burial is allowed, it is forbidden to bury bodies or build graves in any place other than cemeteries and rural public welfare cemeteries.
article 16
funeral equipment such as cremation machines, corpse transport vehicles and corpse freezers must meet the technical standards stipulated by the state. It is forbidden to manufacture and sell funeral equipment that does not meet the national technical standards.
Article 17
It is forbidden to manufacture and sell feudal superstitious funeral supplies. It is forbidden to sell burial articles such as coffins in areas where cremation is carried out.
article 18
those who build funeral facilities without approval shall be banned by the civil affairs department in conjunction with the construction and land administration departments, ordered to make restitution, their illegal income shall be confiscated, and they may be fined between 1 and 3 times of their illegal income.
Article 19
If the area of a tomb exceeds the standard set by the people's government of a province, autonomous region or municipality directly under the Central Government, the civil affairs department shall order it to make corrections within a time limit, confiscate its illegal income, and may concurrently impose a fine of more than 1 time but less than 3 times its illegal income.
Article 2
Where a body that should be cremated is buried in the ground, or a grave is built in a place other than a cemetery or a rural public welfare cemetery, the civil affairs department shall order it to make corrections within a time limit.
Article 21
The civil affairs department shall stop the funeral activities that disturb the public order, endanger the public safety and infringe upon the legitimate rights and interests of others; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 22
Where funeral equipment is manufactured or sold that does not meet the national technical standards, the civil affairs department in conjunction with the administrative department for industry and commerce shall order it to stop manufacturing or selling, and may concurrently impose a fine of more than 1 time but less than 3 times the amount of manufacturing or selling.
those who manufacture and sell feudal superstitious funeral supplies shall be confiscated by the civil affairs department in conjunction with the administrative department for industry and commerce, and may be fined between 1 and 3 times the manufacturing and sales amount.
Article 23
If funeral service personnel take advantage of their work to ask for property, the civil affairs department shall order them to make restitution; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 24
these regulations shall come into force as of the date of promulgation. On February 8, 1985, the State Council issued the Interim Provisions of the State Council on Funeral Management, which was abolished at the same time.